Activities of Olle LUDVIGSSON related to 2016/0403(COD)

Proposal for a regulation
Recital 6

(6) Cross-border trade and cross-border investment in ~~certain business and construction~~ services are particularly low showing a potential for better integration of services markets ~~with significant negative repercussions for the remaining part of the economy. This underperformance leads to situations where the potential for more growth and jobs in the Single Market has not~~. The potential for more growth and jobs in the Single Market should be fully exploited, while at the same time high standards for consumers and workers should be maintained, and fair competition and a level playing field for companies should be en ~~fully exploit~~sured.

2017/09/25
Committee: ITRE

Proposal for a regulation
Recital 7

(7) Addressing remaining obstacles to more cross-border activities in services, while at the same time maintaining high standards for consumers and workers, will help to strengthen competition, resulting in more choice and better prices for consumers as well as more competitive services sectors creating new jobs, promoting productivity and ensuring a more attractive climate for investment and innovation.

2017/09/25
Committee: ITRE

Olle LUDVIGSSON, Carlos ZORRINHO, Kathleen VAN BREMPT, Eva KAILI

Proposal for a regulation
Recital 10

(10) In so doing, this Regulation specifically targets business ~~and construction~~ service sectors included in scope of Directive …[ESC Directive]… which face some of the most stringent regulatory and administrative barriers to cross-border expansion and consequently have an unexploited potential for internal market integration.

2017/10/30
Committee: ECON

Proposal for a regulation
Recital 10

(10) In so doing, this Regulation specifically targets business ~~and construction~~ service sectors included in scope of Directive …[ESC Directive]… which face some of the most stringent regulatory and administrative barriers to cross-border expansion and consequently have an unexploited potential for internal market integration.

2017/09/25
Committee: ITRE

Olle LUDVIGSSON, Carlos ZORRINHO, Kathleen VAN BREMPT, Eva KAILI

Proposal for a regulation
Recital 11

(11) All matters, activities and fields excluded from the scope of Directive 2006/123/EC should remain excluded from the scope of this Regulation. In particular, this Regulation does not affect matters, activities and fields such as those deriving from taxation, social security and labour law, including any legal or contractual provision concerning employment conditions, working conditions, including health and safety at work and the relationship between employers and workers. This Regulation is without prejudice to the different labour market models of the Member States, including labour market models regulated by collective agreements. Equally this Regulation does not affect the social security legislation of the Member States. This Regulation is also without prejudice to any provision stemming from competition law as well as any rule on the applicable law or jurisdiction pursuant to private international law.

2017/09/25
Committee: ITRE

Proposal for a regulation
Recital 14

(14) The European services e-card should be fully electronic, rely ~~almost~~ exclusively on data provided by reliable sources, limit the use of documents to the minimum necessary and allow for multilingual processing to avoid translation costs. In order to make the procedure fully electronic and allow for administrative cooperation between home and host Member States. The Internal Market Information system set up by Regulation (EU) No 1024/2012 of the European Parliament and of the Council22 should be used under this Regulation. A specific electronic platform should be developed for the purpose of issuing, updating, suspending, revoking or cancelling European services e-cards, as well as to make valid European services e-cards electronically available to their holders and to competent authorities. _________________ 22 Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC ( ‘the IMI Regulation’ ) (OJ L 316, 14.11.2012, p. 1)

2017/09/25
Committee: ITRE

Proposal for a regulation
Recital 25

(25) Procedures for issuing, updating, suspending or revoking a European services e-card should make use of documents only in exceptional circumstances, when more detailed information is absolutely essential. ~~In any case, all of such documents should be used and accepted in simple form.~~

2017/09/25
Committee: ITRE

Proposal for a regulation
Recital 18

(18) Description of the terms of coverage of a mandatory or voluntary insurance included in written contracts might be difficult to find. Insurance distributers, as well as bodies appointed by a Member State to provide compulsory insurance, should therefore provide a description of the core elements of coverage to their client in the format of an insurance certificate. This certificate should be annexed to the application form. In order to ensure uniform implementation of this part of the Regulation, implementing powers should be conferred on the Commission to adopt a harmonised format for the certificates. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.deleted

2017/10/30
Committee: ECON

Proposal for a regulation
Recital 34

(34) The application of this Regulation should be monitored and assessed in order to determine its impact on the costs of expanding operations cross-border, increased transparency about cross-border providers, competition, prices and quality of the services provided and on workers’ rights. The effects of this Regulation and the practical functioning of the cooperation between coordinating authorities should be evaluated regularly. This monitoring will happen in cooperation with Member States, social partners and other relevant stakeholders.

2017/09/25
Committee: ITRE

Olle LUDVIGSSON, Carlos ZORRINHO, Kathleen VAN BREMPT, Eva KAILI

Proposal for a regulation
Recital 25

(25) Procedures for issuing, updating, suspending or revoking a European services e-card should make use of documents only in exceptional circumstances, when more detailed information is absolutely essential. ~~In any case, all of such documents should be used and accepted in simple form.~~

2017/10/30
Committee: ECON

Proposal for a regulation
Article 2 – paragraph 3 – subparagraph 2

This Regulation~~, in particular its Chapter III, shall be without prejudice to~~ shall be without prejudice to the fundamental rights of workers, including trade union rights, the rights of workers, the obligations of service providers and related controls in Member States laid down in Directives 96/71/EC and 2014/67/EU.

2017/09/25
Committee: ITRE

Olle LUDVIGSSON, Carlos ZORRINHO, Kathleen VAN BREMPT, Eva KAILI

Proposal for a regulation
Recital 30

(30) Service providers obliged to acquire professional liability insurance in Member States where they have not been active often have difficulty demonstrating their claims history regarding cover obtained elsewhere. Claims histories are an essential element to insurance distributers in ascertaining and assessing the risk profile of a potential client. Demonstration is difficult due to poor communication between insurance distributers across internal market borders but also to disparities in describing the track-record of an insured party, even within the same Member State. Insurance distributers and bodies appointed by a Member State to provide compulsory insurance cover should therefore be obliged to issue a statement relating to the third party liability claims which can then be used across borders and even domestically, should a service provider change insurance distributer.deleted

2017/10/30
Committee: ECON

Proposal for a regulation
Article 2 – paragraph 3 – subparagraph 2 a (new)

This Regulation is without prejudice to the different labour market models of the Member States, including labour market models regulated by collective agreements, and shall not in any way affect a Member State’s right to assess if a company is considered to be established in its territory.

2017/09/25
Committee: ITRE

Proposal for a regulation
Recital 31

(31) In order to ensure uniform implementation of this Regulation in relation to the presentation of the description of liabilities, implementing powers to adopt rules on the standardised presentation format of that statement should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council.deleted

2017/10/30
Committee: ECON

Proposal for a regulation
Article 2 – paragraph 3 – subparagraph 2

This Regulation~~, in particular its Chapter III, shall be without prejudice to~~ shall be without prejudice to the fundamental rights of workers, including trade union rights, the rights of workers, the obligations of service providers and related controls in Member States laid down in Directives 96/71/EC and 2014/67/EU. This Regulation shall not in any way affect a Member State’s right to assess if a company is considered to be established in its territory.

2017/10/30
Committee: ECON

Proposal for a regulation
Article 9 – paragraph 1

1. In the context of procedures to issue, update, suspend or revoke a European services e-card competent authorities of Member States shall accept public documents ~~in a simple copy f~~,certified orm a~~nd shall not request that documents submitted to them are subject to legalisation, apostille formalities, certification or authentication~~uthenticated documents, and their certified copies.

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 18 – paragraph 1

The Commission, with Member States, social partners and other relevant stakeholders, will establish monitoring arrangements to monitor the implementation and the impacts of this Regulation, in particular on workers’ rights and its impacts on the freedom of establishment and freedom to provide services across Member States for the services covered, with regard to costs for providers of expanding operations cross- border, enhancing transparency about cross-border providers, increasing competition and how it impacts prices and quality of those services concerned, considering relevant indicators.

2017/09/25
Committee: ITRE

Proposal for a regulation
Article 3 – paragraph 1 – point 14

14. “home Member State” means twhe ~~Member State to which a provider addressed the application for a European services e-card~~re the service provider is established, performs substantial economic activity and employs human resources;

2017/10/30
Committee: ECON

Proposal for a regulation
Article 5

1. Where information on insurance cover is entered into the standard form, in accordance with point (g) of the third subparagraph of Article 4(1), a corresponding insurance certificate shall be attached to the application form. The insurance distributor or the body appointed by a Member State to provide compulsory insurance shall provide the certificate to the applicant upon request. The insurance certificate shall contain information about the existence of professional liability insurance for the services concerned, including the territorial scope of such cover in other Member States, the insured risks, the duration, the insured sums per claim and for all claims in a year, and possible exclusions. 2. The Commission may adopt a harmonised format for the insurance certificate as referred to in the second subparagraph of paragraph 1 by means of an implementing act. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 16(2).Article 5 deleted Insurance certificate

2017/10/30
Committee: ECON

Proposal for a regulation
Article 9 – paragraph 1

1. In the context of procedures to issue, update, suspend or revoke a European services e-card competent authorities of Member States shall accept public documents ~~in a simple copy f~~, certified orm a~~nd shall not request that documents submitted to them are subject to legalisation, apostille formalities, certification or authentication~~uthenticated documents and their certified copies.

2017/10/30
Committee: ECON

Proposal for a regulation
Article 11

Statement relating to third party liability 1. issue, within 15 days of receiving a request to this effect from the policyholder, a statement concerning the third party liability claims related to his activities covered by the contract of professional liabilityArticle 11 deleted claims An insurance, during the preceding years of the contractual relationship up to a maximum of 5 years, or to the absence of such claims, describing the liabilities arising from provision of the services in question which were the object of a claim. 2. The Commission may adopt rules on the standardised presentation format of the statement referred to in paragraph 1 by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 16(2).istributor shall

2017/10/30
Committee: ECON

Proposal for a regulation
Article 12

Obligations for insurance distributors Insurance distributors and bodies appointed by a Member State to provide compulsory insurance shall duly take into account in the acceptance policy and in the calculation of premiums, in a non- discriminatory manner, the experience of the provider as reflected in the claims statement issued in accordance with Article 11, as presented by the provider.Article 12 deleted

2017/10/30
Committee: ECON